Do you have to reverify an employee’s Form I-9 if his driver’s license expires? What about if an employee’s work authorization expires? The answer is no for one, but yes for the other. Find out which situations require reverification. From HR Matters E-Tips.
Question: When do we need to reverify the Form I-9? Do we have to reverify if an employee’s driver’s license or passport expires? What about when we rehire former employees? Are there other times that we have to reverify an employee’s Form I-9?
Answer: The Form I-9, otherwise known as the Employment Eligibility Verification Form, must be completed and kept on file for each new employee and also must be reverified in certain limited circumstances. You do not need to reverify the Form I-9 when an employee’s driver’s license expires. According to the “Handbook for Employers: Instructions for Completing Form I-9,” publication M-274, provided by the U.S. Citizenship and Immigration Services (USCIS), employers do no to reverify the Form I-9 when an employee’s identity document expires (List B documents), such as a driver’s license. In addition, the handbook states that you never have to reverify a U.S. citizen’s status, except when they terminate and are rehired (see below). So if a current employee’s passport expires, you do not have to reverify that employee’s Form I-9 either. (You can find a copy of the M-274 online at http://www.uscis.gov/files/form/m-274.pdf)
Under the Immigration Reform and Control Act regulations found in 8 C.F.R. §§274a.2(b)(1)(vii) and 274a.2(c) that explain the Form I-9 requirements, you must reverify work eligibility in two circumstances: (1) if an individual’s employment authority expires; or (2) if an individual who was previously employed by the organization is rehired. Reverification may be handled on the Form I-9 originally completed for the employee.
If an employee’s work authorization expires, you must reverify in Section 3 of the Form I-9 that the employee is still authorized to work in the United States. Reverification must be completed no later than the date on which the employment authorization expires.
The employee must present proof of employment eligibility in the form of any of the documents allowed by the Form I-9 to show continuing eligibility or a new grant of authorization to work. The employee does not have to present a new version of the same document presented initially. Further, you cannot accept receipts showing that the employee has applied for an extension of an expired employment authorization document. When received, you should note the new document’s identification number and expiration date on the Form I-9.
(Note that reverification is not required simply because an employee’s resident alien card (also known as the Form I-551, Permanent Resident Card, or “Green Card”) expires. These cards are typically issued with a 10-year expiration date, no expiration date, or a 2-year expiration date. In these cases, the employee’s worker eligibility status has not expired, only the card has. However, a new employee may not use an expired resident alien card initially to show employment eligibility and authorization. See the “Handbook for Employers: Instructions for Completing Form I-9,” publication M-274.)
When you rehire a former employee, you may update the ex-employee’s original Form I-9 if the ex-employee is rehired within three years of the original hire date and the form indicates that the individual is still eligible for employment. You then simply can note the date of rehire on the form. If the previously completed Form I-9 shows that the individual’s employment authorization has expired, you must reverify the individual’s employment eligibility according to the Form I-9 requirements and record the document’s identification number and expiration date on the Form I-9.
An individual is considered to be continuing in employment rather than a rehire (and therefore not subject to the reverification requirements) if he reasonably expected to resume employment and: (1) was on a paid or unpaid temporary leave of absence approved by the employer; (2) was promoted or demoted; (3) was temporarily laid off due to lack of work; (4) was on strike or in a labor dispute; (5) was reinstated by a court or settlement after a wrongful termination; (6) was transferred from one distinct unit of the employer to another; (7) continues employment with a related successor, or reorganized employer; or (8) is engaged in seasonal employment.
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From HR Matters E-Tips, a free service of Personnel Policy Service, Inc., 159 St. Matthews Ave., Suite 5, Louisville, KY 40204
From the May 2009 issue of the General Ledger.
Firms owned by parents that employ their children. Owners’ children can work for the firm, regardless of age, number of hours worked or time of day—if the parent(s) own 100% of the business. Children under 16 cannot do hazardous work such as use lawn mowers, sewing machines, etc., work where food is cooked, or work near flammable or hazardous material.
Minimum wage: 100% of owners hiring only immediate family members need not pay the minimum wage. But if owners regularly employ nonfamily members, they must pay even family members the minimum wage.
Owners’ children under 21: Wages are exempt from FUTA.
Owners’ children under 18: Wages are exempt from FICA—if the parents are sole owners or sole partners—but FIT must be withheld on W-2s filed for the children.
Other children under 18: Obtain an age certificate recognized by the U.S. Department of Labor (DOL) and your state Wage and Hour Division (WHD) and return it to the workers upon termination. DOL generally accepts a state age certificate, but ask your state WHD to be sure. These workers may not perform hazardous work.
Other children aged 14-15 can work 8 hrs/day, 40 hrs/wk, June 1-Labor Day, between 7 a.m. and 9 p.m. if school is not in session. Exceptions: These limits do not apply to news carriers or children who are employed exclusively by a parent/sole-proprietor. For agricultural jobs, contact the DOL.
Other children under 14 cannot be hired unless they work for a parent/sole owner.
Paid holidays. Under federal law, paying part-time and summer help for holidays is optional any time of year.
Paid vacation. No law requires paid vacation, but if you give paid vacation, some federal and state laws apply.
Benefits. Providing health insurance or other benefits to temporary and part-time employees is optional; if not available, it should be so stated in a written benefits plan.
Federal W-4. Obtain from all summer employees, even students working part-time and foreign students.
FITW. Withhold from all summer employees unless their W-4 results in no withholding.
FICA. Withhold from all workers, even those receiving Social Security benefits and high school students, unless under 18 working for sole-owner parents.
Overtime pay under federal law. Pay overtime for all hours physically worked over 40 hours in the workweek. When computing overtime, you need not include paid time-off (e.g., holidays or vacation days). Do not try to substitute paid nonwork hours for work hours to make all hours straight time, thus avoiding overtime pay.
